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Patna High CourtCR. MISC./26815/2023allowed

Pappu Paswan v. The State Of Bihar

2023-07-24Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26815 of 2023 Arising Out of PS. Case No.-4 Year-2018 Thana- SHEIKHOPUR SARAI DistrictSheikhpura ====================================================== Pappu Paswan Son of Umesh Paswan @ Shumesh Paswan Resident of village - Panchi, P.S. - Shekhopur Sarai, Distt. - Sheikhpura ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.N. A. Shamsi For the Opposite Party/s :

Mr.Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under sections 406, 420, 467, 468, 471, 120(B)/34 of the Indian Penal Code.

As per allegation in the FIR, some accused persons are engaged in cheating the innocent people and they used to demand money on the pretext of delivering the prizes to them as they are lucky customers of their company. On arrest, they disclosed the name of the petitioner as one of his associates. It is submitted by learned counsel for the petitioner that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. Neither the petitioner was apprehended on the spot nor any incriminating article has been

Patna High Court CR. MISC. No.26815 of 2023(3) dt.24-07-2023 2/2 recovered from the possession of the petitioner. His name has been transpired in the present case on the basis of confessional statement of apprehended co-accused persons, which has no evidentiary value in the eye of law. Similarly situated coaccused namely Tiranju Prasad @ Tiranju Kumar @ Tiranju Mahto has already been granted bail by this Court vide order dated 14.07.2023 passed in Cr. Misc. No. 36261 of 2023. The petitioner is languishing in judicial custody since 13.03.2023. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned CJM, Sheikhpura in connection with Shekhopur Sarai P.S. Case No. 04 of 2018.

(Sunil Kumar Panwar, J) lata/- U T